Chairman: FCC Looking Into Level 3 Complaint

Genachowski declines to comment on timing of Comcast/NBCU decision

By John Eggerton -- Broadcasting & Cable, 11/30/2010 1:36:52 PM

FCC Chairman Julius Genachowski declined to comment on the timing of the FCC's decision on the Comcast/NBCU joint venture Tuesday, but did say the FCC was investigating a complaint by broadband backbone company Level 3 against Comcast. That came at a press conference following the FCC's Nov. 30 meeting.

"I don't have comment on the timetable," he said of Comcast/NBCU. "It is an important obligation to review it thoroughly and we are in the process of that." About the Level 3 complaint, he said it would be premature to comment but that the FCC was "looking into it."

The chairman also refused to address reports he was preparing a network neutrality item for the December public meeting that would pave the way for expanding and codifying network neutrality principles without reclassifying broadband. "I know that there is interest in the open Internet topic, but I am not going to address it here," he said. "When we have something to announce, we will do so."

The chairman is expected to announce his intentions for the Dec. 21 meeting by Wednesday, Dec. 1, to give the other commissioners the requisite time for comment, discussion and proposed edits.

Genachowski was asked whether the pattern of meetings with stakeholders on the network neutrality proceeding suggested the commission was striking "a cozy deal" with AT&T and other carriers. "I am proud of the process we have run on the commission," said Genachowski, calling it a "participatory process engaging with the broadest possible array of stakeholders."

In a complaint Monday, network services provider Level 3 claimed that Comcast was violating FCC open Internet guidelines by requiring higher payment, while the cable company accused Level 3 of not paying its fair share for increased content delivery costs.